Have you been seriously injured in a pedestrian accident? Being injured in an accident as a pedestrian by something as powerful as a vehicle is often devastating. If you’ve gone through this kind of trauma, we are so sorry. Recovering from serious injuries is painful physically, mentally, and emotionally. When you add to that the stress of unexpected medical bills in addition to your everyday bills, you’re probably overwhelmed.
Our Texas pedestrian accident lawyers can’t feel the pain you are enduring right now, but they understand the strain your situation can cause. The Bowen Law Firm wants to help you get compensation for the suffering your injuries have inflicted, and the ways your injuries may affect your future. Call 713-574-7777 today for your free consultation.
What is Involved in a Pedestrian Accident Case?
To recover damages for a pedestrian accident, we’ll need to prove several things:
- Who the liable party is that injured you
- That you did in fact get injured
- That your injuries caused damages for which you are seeking compensation
Just a few examples of scenarios that injure pedestrians are:
- A driver who was distracted by texting or other activities who drove through a stop sign when you were in a crosswalk
- A driver who was impaired by alcohol and stopped too late as you crossed at the light
- A motorcyclist who was speeding and didn’t see you in the crosswalk as they came around a corner.
How to Build a Strong Pedestrian Accident Case
When the liable party is the driver of an automobile or motorcycle, the likelihood that they did significant damage is high. The first thing you need to do is seek medical attention. It is important to rule out internal injuries, even if you think you may be uninjured. In response to trauma such as a pedestrian accident, the body’s natural response is to get flooded with stress hormones. These can cause you to be less sensitive to pain long enough to leave the scene of an accident without getting checked by a medical professional.
Going to the hospital is crucial to make sure all injuries are identified and treated. It also lays down a timeline of the event and a record of your injuries, which you will need in order to pursue a pedestrian accident case. The more information you have, the better chance you have of preventing the insurance company from being able to deny that you were injured and will prove when the injures were sustained. They will use any gap in your information or timeline, such as a delay in seeking treatment, to try and reduce the value of your claim.
The collection of evidence at the scene is also very important in making your case. Since you will probably need to go to the hospital, it’s helpful to have someone at the scene. If you are unable to remain at the scene, call on a friend, relative, or your attorney to come to the scene and collect contact information from witnesses, photos, and even video.
If your representative is able to speak to witnesses long enough to get their version of the accident while still on the scene, that’s ideal. Being able to prove the negligence of the driver who hit you is critical, and witnesses play a big role in doing that. The more time that goes by, the less witnesses are likely to remember. Even if they do remember, having a time gap between the accident and when witnesses provide statements gives the liable party or their insurance company the chance to claim witness recollections may not be accurate. Having someone on the scene, if at all possible, will greatly bolster your claim. The attorneys with The Bowen Law Firm have the skills and experience to collect as much evidence as possible to build a strong case for compensation. Call 713-574-7777 today for a free consultation.
Mistakes to Avoid in a Pedestrian Accident Case
When you’re injured as a pedestrian by a vehicle, it may seem like you’d practically be guaranteed compensation. There are, however, common mistakes you can avoid to give you the best chance at recovering the fullest compensation possible.
After you’ve received medical care, it’s in your best interest to contact an attorney. Trying to bring a successful claim against an insurance company while you are still recovering from severe injuries and very likely emotional trauma is an uphill battle. The pain you are suffering through can easily sap your energy. It can distract your concentration and lower your stamina; all things you will need large doses of to take on the insurance company and their attorneys.
You can be sure that when you open a pedestrian accident claim, you will face resistance. The liable party’s insurance company has access to a team of lawyers’ intent on saving the company money. This means paying you as little as possible. Your best chance for success is contacting our Texas pedestrian accident lawyers to fight for you.
Another common mistake people make if they do contact a lawyer is to assume all attorneys are interchangeable. It’s important to know that there are many types of civil law, and each specialization comes with specific statues and rules that must be followed. There are also specific restrictions that if ignored, will get your case thrown out. This is true even if you or your lawyers are unaware of a deadline or particular form that is required but missing from your claim. Hiring the wonderful lawyer who handled your mother’s estate is probably not going to help you in a personal injury case, especially if it goes to trial.
Our Texas pedestrian lawyers have achieved successful results for people just like you, whether through settlement or trial. We know what to expect and how to handle it. Call The Bowen Law Firm, PLLC today for a free consultation.
Should I Speak to the Insurance Company?
The short answer to this is no. There’s a reason the insurance company is hoping to speak with you and not your lawyer. They will seem very sympathetic when they ask you questions, and they will be great listeners. Especially if they can get you to provide a recorded statement. Do not agree to this. Insurance adjusters have honed their skills to get information from you that they can use against you to devalue your pedestrian accident case. Our pedestrian accident lawyers know all the insurance company’s maneuvers and are the best people to handle communications with them.
Speaking to insurance can also lead you to make the mistake of accepting a pitifully low settlement offer. Whether the information you provided enabled them to actually devalue your claim, or they just convince you it has a much lower value, the worry and uncertainty of being left without any compensation can get you to agree to far less than you deserve. Having your pedestrian accident attorney step in not only gives you the best chance at recovering the full and fair compensation you are due, but it also takes the stress of negotiation off of your shoulders. Call 713-574-7777 today for your free consultation.
How Will I Be Compensated?
Compensation in a civil case is financial. Your pedestrian accident claim will request compensation for two types of damages: economic and non-economic. Economic damages are monetary losses caused by things like unexpected medical bills and not being able to return to work to pay those bills, or the bills you already pay under normal circumstances. The good news is that even future financial losses can be estimated and included in your claim. These losses will be factored in if, for example, your injuries prevent you from returning to work for several months, you can’t return in the same earning capacity, or can’t return at all. Other examples of economic damages that can be accounted for both now and in the future are the cost of physical therapy or counseling. There are many kinds of damages to consider, and an experienced pedestrian accident lawyer will make sure to include all of your damages in your claim.
The second type of damages, non-economic, will enable you to seek compensation for the things that are less concrete but no less impactful to your life. These include things like pain and suffering, depression, and adjusting mentally and emotionally to a lower quality of life than you had before the accident. Though this type of damages is harder to attach a value to, our Texas pedestrian accident lawyers know how to include them in your claim to get you justice. Call 713-574-7777 today to get started.
How Much Time Do I have to File a Claim?
There is a deadline for filing a pedestrian accident claim in Texas. You have two years after the date of injury to file, if your claim does not involve a government employee or entity. If a government unit is involved, for example if you are injured by a municipal truck, your time limit will be much shorter. Depending on the specific government entity involved, you may have as little as 45 days to file a claim. There are also most likely specific regulations that must be followed for filing, as well as limits on how much you can recover in damages. This is another reason to take advantage of having our Texas pedestrian accident lawyers in your corner. We know the intricacies specific to personal injury law, and keep up with them as they change. Contact us today at 713-574-7777 for a free review of the specifics of your case.
How Does Shared Fault Affect My Case?
The “Shared Fault” rule in Texas makes it possible for some of the liability for your injuries to be assigned to you. While this may seem almost impossible in a case where a pedestrian was injured by a vehicle, not only can it happen, but the insurance company will do their best to make sure of it. Under this rule, the value of your claim will be lowered by the percentage of responsibility you hold. You can still recover damages if you are assigned up to 49% liability, but if your liability is 50% or more, you will not be able to collect.
Some examples of ways you can be found partially responsible for a pedestrian accident are:
- You were jaywalking and tried to cross the street in the middle of the block, outside the bounds of a crosswalk
- You were crossing at a corner in the crosswalk, but listening to music and did not see a driver making a turn and walked into the path of the vehicle
- You were texting and failed to notice the light was changing as you stepped into the crosswalk.
Even if you were partially responsible for the accident, it’s likely the driver shares responsibility. Don’t give the insurance company the chance to have your claim devalued or even dismissed. Let The Bowen Law Firm, PLLC lawyers fight to get you fair compensation. Call 713-574-7777 today.
Call Our Texas Pedestrian Accident Lawyers Today
The potential for catastrophic injury in a pedestrian accident case may make you think you don’t need a lawyer. The reality is that it’s all the more reason to call one. Recovering from serious physical injuries and the trauma that comes with it leaves you in an extremely vulnerable place. You deserve justice, but the last thing you need to worry about is pursuing it on your own. The Bowen Law Firm’s experienced Texas pedestrian accident lawyers want to help. They are adept at collecting evidence, strategizing, negotiating, and if necessary, stepping in front of a jury at trial. You’ve got enough to worry about. Let The Bowen Law Firm, PLLC handle your legal case and bring you the compensation you deserve. Call 713-574-7777 today for your free consultation.